What Happens At Mediation?

By
Roscich & Martell Law Firm, LLC
|May 02, 2016

Dramatic courtroom showdowns are a staple of many movies and TV shows for
much the same reason that millions of viewers watch Game 7 of the World
Series: many of us are riveted by the high stakes, winner-take-all atmosphere. While a
divorce trial certainly has those elements, when your money and your future hang
in the balance, and intimate details about your family become public record,
a trial may lose this appeal.

A trial may be beneficial in some cases, especially if there is the need
for emotional closure or the parties are unable to agree on terms. But
in most cases, mediation is an attractive option, provided that the right
elements are present.

Preliminary Questions

In DuPage County, judges nearly always refer contested family law cases
to a mediator, unless there is an “impediment” under the rules
or the parties have already unsuccessfully attempted mediation in that
particular case. Most other jurisdictions, including Will County, have
similar rules. Only a select number of mediators are qualified to handle
family law cases, because these matters have very specific legal, factual
and financial implications that other civil cases do not have.

Parties can also voluntarily attempt mediation at any time; the mediator
should always be a family law attorney who practices in the area.

Procedural Issues

Before the parties arrive, most mediators review the active pleadings to
familiarize themselves with the issues and events in the case. Perhaps
more importantly, such a review offers insight into the current routine
in terms of custody, visitation, support and other items.

Most mediations take place in an office-type setting that has at least
two conference areas. After the attorneys make brief opening statements,
each party retires to a separate conference area, and the mediator conveys
settlement offers back and forth. The separation often allows for an effective
“cooling off” period that helps ensure decisions are made
based on the facts, and not based on emotion.

The session typically lasts a full day. If a settlement is not reached,
the mediator usually declares an impasse, although it is not unheard of
for negotiations to resume again later, if the parties are close to an
agreement.

Mediation is often a good alternative to a trial, but is not suitable for
every situation. To learn more, or for a confidential consultation with
an experienced
Naperville family law attorney, contact our office. Convenient payment plans are available.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.